Florida Family Law Judges Prefer Equal Time-Sharing Arrangements

In Florida, courts presume that an equal time-sharing visitation plan is always in a child’s best interests (post-divorce). Basically, this means that a judge’s default position in any family law case is that a child would benefit most from spending an equal amount of time with both of his or her parents. This does not mean, however, that all custody arrangements will end up involving equal time-sharing. Read on to learn more about the kind of time-sharing plan that will be best for your family.

The Equal Time-Sharing Presumption is Rebuttable 

Although Florida has a presumption of equal time-sharing, that presumption is rebuttable, which means that courts are willing to listen to arguments against imposing such an arrangement. Essentially, if one parent has reason to believe that a 50/50 time-sharing plan isn’t in a child’s best interests, then they can argue against such a plan in court. To do so, they must demonstrate by a preponderance of the evidence (it’s more likely than not) that equal time-sharing isn’t in a child’s best interests due to specific enumerated concerns.

Factors the Court Will Take Into Account 

A judge won’t simply award non-equal time-sharing just because one parent requests it. Instead, when tasked with determining whether an equal time-sharing arrangement is in a child’s best interests, judges must assess a number of factors, including:

• Each parent’s capacity to facilitate and encourage a close parent-child relationship by honoring the time-schedule and being reasonable when changes are necessary;
• How long the child has lived in a stable environment;
• Each parent’s physical and mental health;
• The extent to which parents delegate obligations to third parties;
• The child’s preference (if he or she is old enough to express a valid opinion); and
• Each parent’s capacity to act upon the child’s needs rather than their own.

Courts are only willing to deviate from the presumptive equal time-sharing standard in family law cases when there is a good reason for doing so, as revealed by the aforementioned factors. Of course, the most convincing arguments involve allegations of domestic violence, sexual abuse, or abandonment, abuse, or neglect. Judges take these kinds of allegations very seriously and will require strong evidence of such claims before restricting a parent’s visitation.

Is an Equal Time-Sharing Arrangement in Your Child’s Best Interests? 

If you or your co-parent are contesting a 50/50 time-sharing split in your custody case, please call 954-945-7591 and set up an appointment with dedicated Florida child visitation and time-sharing lawyer Sandra Bonfiglio, P.A. today. We know how important the outcome of such a case will be and will put all of our resources and experience to work to help you come up with an arrangement that is in your child’s best interests. You can also set up a meeting with us by sending an online message to our legal team. Call or contact us online to get started on your case.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

flvoicenews.com/new-desantis-signed-law-presumes-50-50-timesharing-of-a-child-is-best-interest/